MARCH 7, Referred to Committee on Commerce and Labor. SUMMARY Revises provisions governing industrial insurance.

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1 A.B. ASSEMBLY BILL NO. ASSEMBLYMEN ARAUJO, CARLTON, FRIERSON; DALY, FUMO, JAUREGUI, MONROE-MORENO AND SPIEGEL MARCH, 0 JOINT SPONSORS: SENATORS SEGERBLOM, CANCELA, MANENDO, PARKS AND CANNIZZARO Referred to Committee on Commerce and Labor SUMMARY Revises provisions governing industrial insurance. (BDR -0) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to industrial insurance; revising provisions governing prohibitions on the payment of compensation for disability caused by certain occupational diseases under certain circumstances; restricting the dissemination and use of the results of certain physical examinations required of certain firefighters, arson investigators and police officers for insurance coverage of cancer, lung disease and heart disease; providing for the payment of a claimant s attorney s fees and other associated costs under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel s Digest: Existing law provides for the payment of compensation under chapter of NRS for temporary or permanent disability or death for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police officers. Existing law provides that these occupational diseases are conclusively presumed to have arisen out of and in the course of the employment under certain circumstances. (NRS.,.) Sections and of this bill provide that if an employer, insurer or third-party administrator denies a claim for compensation for these occupational diseases and the claimant ultimately prevails, the employer,

2 0 0 insurer or third-party administrator must pay all the claimant s attorney s fees and associated costs. Existing law requires certain tests when administering certain physical examinations to firefighters, arson investigators and police officers regarding the occupational diseases of lung and heart disease for the purposes of industrial insurance coverage. Section of this bill restricts: () to whom the results of such physical examinations may be disseminated; and () the use of such results. Existing law prohibits the payment of compensation for disability because of an occupational injury or disease which does not incapacitate the employee for at least cumulative days within a 0-day period from earning full wages. (NRS C.00,.0) Section of this bill exempts a claim for compensation under chapters A to D of NRS for disability for the occupational diseases of cancer, lung disease and heart disease from that prohibition. Section of this bill: () revises the prohibition as it relates to occupational diseases to apply exclusively to compensation for temporary total disability; and () clarifies that the prohibition does not apply to medical benefits for the occupational diseases of cancer, lung disease or heart disease. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 0 0 Section. NRS C.00 is hereby amended to read as follows: C.00. Temporary compensation benefits must not be paid under chapters A to D, inclusive, of NRS for an injury which does not incapacitate the employee for at least consecutive days, or cumulative days within a 0-day period, from earning full wages, but if the incapacity extends for or more consecutive days, or cumulative days within a 0-day period, compensation must then be computed from the date of the injury.. The period prescribed in this section does not apply to: (a) Accident benefits, whether they are furnished pursuant to NRS C. or C., if the injured employee is otherwise covered by the provisions of chapters A to D, inclusive, of NRS and entitled to those benefits. (b) Compensation paid to the injured employee pursuant to subsection of NRS C.. (c) A claim which is filed pursuant to NRS.,. or.. Sec.. NRS.0 is hereby amended to read as follows:.0. No compensation may be paid under this chapter for temporary total disability which does not incapacitate the employee for at least cumulative days within a 0-day period from earning full wages, but if the incapacity extends for or more days within a 0-day period, the compensation must then be computed from the date of disability.

3 The limitations in this section do not apply to medical benefits, including, without limitation, medical benefits pursuant to NRS.,. or., which must be paid from the date of application for payment of medical benefits. Sec.. NRS. is hereby amended to read as follows:.. Any physical examination administered pursuant to NRS. or. must include: (a) A thorough test of the functioning of the hearing of the employee; and (b) A purified protein derivative skin test to screen for exposure to tuberculosis.. Except as otherwise provided in subsection of NRS., the tests required by this section must be paid for by the employer.. Except as otherwise provided by the provisions governing privacy in the Health Insurance Portability and Accountability Act of, Public Law 0-, as amended, and applicable regulations, or an employee s collective bargaining agreement, whichever is more restrictive, the results of a physical examination administered pursuant to NRS. or. may only be: (a) Provided to the examining physician, the employee and the employer s officer who is responsible for risk management or human resources or a similar position; and (b) Used for the purposes of complying with the requirements of NRS. or., as applicable. Sec.. NRS. is hereby amended to read as follows:.. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for years or more, has been: (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public; (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters A to D, inclusive, of NRS pursuant to the provisions of NRS A.; or (c) Employed in a full-time salaried occupation as a police officer in this State.. Except as otherwise provided in subsection, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his or her lungs and

4 the making of an X-ray film of the employee s lungs, upon employment, upon commencement of the coverage, once every years until the employee is 0 years of age or older and thereafter on an annual basis during his or her employment.. Each volunteer firefighter who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to: (a) A physical examination upon employment and upon commencement of the coverage; and (b) The making of an X-ray film of the volunteer firefighter s lungs once every years after the physical examination that is required upon commencement of the coverage, until the volunteer firefighter reaches the age of 0 years. Each volunteer firefighter who is 0 years of age or older shall submit to a physical examination once every years during his or her employment. As used in this subsection, physical examination includes the making of an X-ray film of the volunteer firefighter s lungs but excludes a thorough test of the functioning of his or her lungs.. All physical examinations required pursuant to subsections and must be paid for by the employer.. A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for years or more before the date of disablement if the disease is diagnosed and causes the disablement: (a) During the course of that employment; (b) If the person ceases employment before completing 0 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or (c) If the person ceases employment after completing 0 years or more of service as a police officer, firefighter or arson investigator, at any time during the person s life. Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.. Frequent or regular use of a tobacco product within year, or a material departure from a physician s prescribed plan of care by a person within months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection.

5 Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after a physical examination required pursuant to subsection or excludes the employee from the benefits of this section if the correction is within the ability of the employee.. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator, may elect to receive the benefits provided under NRS C.0 for a permanent total disability.. A person who files a claim for a disease of the lungs specified in this section after he or she retires from employment as a police officer, firefighter or arson investigator is not entitled to receive any compensation for that disease other than medical benefits. 0. If an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the employer, insurer or third-party administrator, as applicable, must pay all the claimant s attorney s fees and associated costs. Such fees and costs are payable in addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS D.0. Sec.. NRS. is hereby amended to read as follows:.. Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment if the disease is diagnosed and causes the disablement: (a) During the course of that employment; (b) If the person ceases employment before completing 0 years of service as a police officer, firefighter or arson investigator, during the period after separation from employment which is equal to the number of years worked; or (c) If the person ceases employment after completing 0 years or more of service as a police officer, firefighter or arson investigator, at any time during the person s life. Service credit which is purchased in a retirement system must not be calculated towards the years of service of a person for the purposes of this section.

6 Frequent or regular use of a tobacco product within year, or a material departure from a physician s prescribed plan of care by a person within months, immediately preceding the filing of a claim for compensation excludes a person who has separated from service from the benefit of the conclusive presumption provided in subsection.. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters A to D, inclusive, of NRS pursuant to the provisions of NRS A. and who, for years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department.. Except as otherwise provided in subsection, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment.. During the period in which a volunteer firefighter is continuously on active status on the roster of a volunteer fire department, a physical examination for the volunteer firefighter is required: (a) Upon employment; (b) Upon commencement of coverage; and (c) Once every years after the physical examination that is required pursuant to paragraph (b), until the firefighter reaches the age of 0 years. Each volunteer firefighter who is 0 years of age or older shall submit to a physical examination once every years during his or her employment.. The employer of the volunteer firefighter is responsible for scheduling the physical examination. The employer shall mail to the volunteer firefighter a written notice of the date, time and place of the physical examination at least 0 days before the date of the physical examination and shall obtain, at the time of mailing, a certificate of mailing issued by the United States Postal Service.. Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection excludes the volunteer firefighter from the benefits of this section.

7 The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant: (a) Applies to the department for the first time as a volunteer firefighter; and (b) Is 0 years of age or older on the date of his or her application.. The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant: (a) Paid for the physical examination in accordance with subsection ; (b) Is declared physically fit to perform the duties required of a firefighter; and (c) Becomes a volunteer with the volunteer fire department. 0. Except as otherwise provided in subsection, all physical examinations required pursuant to subsections and must be paid for by the employer.. Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to a physical examination required pursuant to subsection or excludes the employee from the benefits of this section if the correction is within the ability of the employee.. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a firefighter, arson investigator or police officer, may elect to receive the benefits provided under NRS C.0 for a permanent total disability.. Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.. A person who files a claim for a disease of the heart specified in this section after he or she retires from employment as a firefighter, arson investigator or police officer is not entitled to receive any compensation for that disease other than medical benefits.. If an employer, insurer or third-party administrator denies a claim that was filed pursuant to this section and the claimant ultimately prevails, the employer, insurer or third-party administrator, as applicable, must pay all the claimant s attorney s fees and associated costs. Such fees and costs are payable in

8 addition to any benefits to which the claimant is entitled under the claim and any fines and penalties imposed by the Administrator pursuant to NRS D.0. Sec.. The amendatory provisions of sections,, and of this act apply only to claims filed on or after October, 0. H